Monarch delays & Compensations. Listed flights denied in O.P.

sooperb

Here's the newspaper article in case you missed it:

"Upset by their experience, Mr and Mrs Brittain, from Wythall in Worcestershire, applied to Monarch for compensation.

But the airline refused to pay, saying the delay was caused by ‘exceptional circumstances’.

Refusing to back down, the Brittains took the case to court and a judge at Worcester County Court awarded them their full compensation claim of £430, plus legal costs."

There should be enough info there for anyone to trace the article which was published in the Daily Mail on 10.06.13

richardw

Thanks, no didn't miss that one and I'm sure 111KAB didn't either!

111KAB

richardw wrote: »

Thanks, no didn't miss that one and I'm sure 111KAB didn't either!

I seem to remember that case however it was not in February hence the/my confusion Pleased it was of assistance :j

Mark2spark

sooperb wrote: »

Here's the newspaper article in case you missed it:

:rotfl::rotfl::rotfl: Brilliant

FANG

The Monarch flight that I was on recently was delayed over 3 1/2 hours due to an injury to a cabin crew member . I have sent off all the relevant forms to Monarch who seem to have dismissed this with their response below.


Would it be worth me taking them to court myself or appointing a NWNF solicitor.


Does anyone think that this case is worth pursuing given the facts.


Thanks for your help.




Dear Fang


Re: ZB424 Birmingham to Las Palmas 30th September 2013

Further to your claim for delay compensation, we are writing to advise the outcome of our investigation into your case.

Monarch Airlines aims as its first priority to provide its passengers with a safe and efficient service. We would like to reassure you that every reasonable effort is made to ensure that our flights depart on time and in the unlikely event we are unable to do so through disruption, we aim to provide a solution at the earliest opportunity.

As previously advised, in some circumstances passengers may be entitled to compensation for delay arising from such disruption under European Union laws. However, any monetary payments are subject to certain criteria being satisfied. Under these laws where the disruption is caused by an ‘extraordinary circumstance’ which the airline was reasonably unable to prevent, the carrier is not obliged to pay compensation. Extraordinary circumstances have been defined by the courts and the European Regulations themselves provide a non-exhaustive list of which circumstances can indeed be categorised as extraordinary.

Our records show that the aircraft scheduled to operate your flight was delayed due to a member of cabin crew falling a breaking their arm as a result of turbulence during the aircrafts previous flight. As a result the aircraft could not continue until it had the requisite number of crew required for the amount of passengers travelling. As a result your flight was unavoidably delayed until a replacement crew member was able to join the aircraft.

Having considered the factual background of this case in accordance with the published guidelines, we are satisfied that the disruption was caused by an extraordinary circumstance that could not have reasonably been prevented by Monarch Airlines. We are, therefore, unable to accept your claim for compensation for the reasons given.

All flight delays are fully documented in accordance with the requirements of our regulator and the relevant legislation in place. Please note that this documentation cannot be disclosed to passengers nonetheless we actively supply this to the Civil Aviation Authority and National Enforcement Bodies upon request.

Yours sincerely


Customer Service Centre Advisor
EU Claims
Monarch
Tel: +44 (0)844 4815626
Email: euclaim@monarch.co.uk
www.monarch.co.uk

111KAB

FANG - general answers here > https://www.facebook.com/notes/monarch-complaints/reference-material-if-faced-with-monarch-delay-over-3-hours/226027064225351

In addition I assume your plane was subject to the normal Monarch 60 minute turnaround + that the turbulence did not occur as the plane touched down so in effect given your 210 minute delay I would imagine the airline were aware at least 5 hours prior. Birmingham is one of their bases and numerous crews are based there ~ 5 hours is far to long a period and is just another attempt by Monarch to resist a legitimate claim.

ps - I would also ask Monarch to refrain from writing letters to you with your Christian name ~ totally out of order ~ suggest they refer to you (at least) with a Mr or Mrs.

klint

111KAB wrote: »

I seem to remember that case

Lol understatement of the century ;-)

Johnnyseven

I found out on friday that Monarch have agreed to pay compensation to me for MONXXXX LGW-GVA on the XX/01/2011, whether the cheque arrives though is another matter.

This process didn't require me to take them to court. After having my claim rejected under 'extraordinary circumstances' (EC) I went to the CAA who advises me of the guidelines on EC that they had just published. I went back to Monarch who again stated EC, so I went back to the CAA to ask if they agreed - then a few weeks later I get an email from Monarch saying my claim has been reviewed by their legal team and they have confirmed that I am entitled to compensation in accordance with EU Regulation EC261/2004 due to my delay. This whole process did take months and months to get to this conclusion, but they key is to be persistent.

I did also have another claim with Monarch, for the return flight of the same holiday, but they are still claiming EC on that one - I guess because the CAA have no jurisdiction over flights from foreign airports so they can't push them into paying out, which I assume is what happened for flight MONXXXX.

UPDATE - i've just re-read the email from Monarch and it states that 'Please note that the settlement amount and terms of settlement are strictly confidential between the parties concerned'. In order not to encourage them to change their mind I have taken out flight details and the date of the flight, once payment is received, and cleared, from Monarch i'll repost.

Snippets

romanby1 wrote: »

These are classic Non EC excuses send a NBA letter asking for the full details of the oproblem, including aircraft registration numbers relevant maintanance logs and anything else you can think of and also why they could not use a different aircraft or lease one in.
They will probably not reply then it is off to court if you want to pursue it.

Contact them again, i appealed via caa and they have agreed four lots of compensation today!!! same flight

Snippets

I have just had compensation agreed for ZB685 3rd June 2012 after a refusal at the time, i contacted CAA in September